Dáil debates
Wednesday, 4 February 2026
Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation
3:30 pm
Verona Murphy (Wexford, Independent)
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Elvis has left the building. We will proceed to Questions on Policy or Legislation for the week. I call on Deputy Mary Lou McDonald.
Mary Lou McDonald (Dublin Central, Sinn Fein)
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I thank the Ceann Comhairle. I am all shook up.
Communities devastated by flooding are angry about the failure of Fianna Fáil and Fine Gael to deliver desperately needed flood defences. The Taoiseach might remember that in the wake of Storm Frank in 2015, when he was the leader of the Opposition, he described that flooding as a national emergency. He criticised the then Government for being far too slow. That was 11 years ago, and now he talks about waving magic wands and points the finger of blame at all and sundry. There are now 94 ongoing flood relief schemes, 68 of which have not even gone to planning. That is shocking given the increased frequency of extreme weather events. Where is this national emergency-style action from the Taoiseach's Government to get these flood defences in place?
Micheál Martin (Cork South-Central, Fianna Fail)
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I appreciate Deputy McDonald raising this issue. I was surprised that nobody raised it on Leaders' Questions given the urgency of it and the importance of it. Fifty-six schemes have been completed and a further 100 schemes are at different stages of development. I am blaming nobody and have not blamed anybody other than the fact that we are experiencing severe weather events more frequently. Weather is changing and patterns are changing, resulting in very high and elevated levels of water across the land. Climate change, in my view, is responsible for the rapidly changing weather patterns we are experiencing. Every event we evaluate, as we did after Storm Éowyn. A very significant action took place after Storm Éowyn, but that was a different kind of storm. In my touring around the country on Monday, travelling to various spots, it was interesting that the Aughrim event was different from the Enniscorthy one. Each had their different local manifestations. It is important, yes, that we get better at bringing the national frameworks closer to the local manifestations of the various weather events.
Ivana Bacik (Dublin Bay South, Labour)
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I want to pay tribute to the family of Martin Lynn, the young man killed in an unprovoked one-punch attack outside his Dublin home in 2023. His sister Sharon Lynn expressed her disappointment at the weekend after the Director of Public Prosecutions, DPP, chose not to appeal his killer's sentence for manslaughter. I have met with Sharon, along with my colleagues Deputies George Lawlor and Robert O'Donoghue. We met with Sharon and her partner Anthony, and we want to reissue our sincere condolences to them on their loss. Commendably, Sharon has said she wants to go on now to advocate for sentencing reform to help others. Victims and survivors of violent crime deserve transparency in sentencing. It is now 18 months since the Labour Party brought forward a Dáil motion raising the need for consistency in sentencing for violent offences, inspired by the bravery of Natasha O'Brien, now reinspired by Sharon and her family. I would ask the Taoiseach to look again at the calls in our motion to improve sentencing practice, in particular to ensure clearer sentencing guidelines for judges and a comprehensive database. We owe it to victims and survivors of crime.
Micheál Martin (Cork South-Central, Fianna Fail)
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I thank the Deputy for raising this issue. It is a very important one. I also wish to convey my condolences to the family of Martin and Sharon and those the Deputy has met . We have to prioritise victims and survivors of criminal violence and we are doing that. Deputy Bacik is a person with a significant legal background. Perhaps she and the Minister, Deputy O'Callaghan, could engage on the substance of her party's legislation. I will talk to the Minister in the context of her raising this and perhaps he can engage with her on it.
Holly Cairns (Cork South-West, Social Democrats)
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The use of counselling notes in trials for sexual offences is outrageous and grotesque. This morning, the Cabinet approved new legislation on this but it sounds a lot like the status quo - a court deciding if counselling notes should be released. This is a gross invasion of privacy. It stops victims coming forward and slows or prevents their recovery because victims are afraid to seek help. They feel they have no safe space where they can deal with their pain and trauma because their inner thoughts and feelings can be weaponised against them by their abuser in a courtroom. Why are we tolerating this instead of outright banning it? The law is supposed to be about balancing competing rights. Can the Taoiseach explain to victims why their rights are always pushed to the bottom? The cornerstone of therapy is confidentiality. In 2026, there is no excuse for this complete disregard of the crucial role of therapy in recovery. The Government can introduce an outright ban. Why has it not done it?
Micheál Martin (Cork South-Central, Fianna Fail)
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It is unfair of the Deputy to use the language that she has used in identifying the Government's response. The Minister, Jim O'Callaghan, has seized on this issue and the legislation is anything but the status quo. The Minister is going as far as he possibly can within constitutional limits. A complete ban or a blanket ban on the disclosure of counselling records is simply unconstitutional. That is the very strong advice from the Attorney General, and indeed other legal advice has confirmed that. The Minister is going as far as he possibly can. From now on, if counselling records are sought by the defence, a judge will scrutinise the material and make an impartial and objective decision on whether disclosure is necessary in the interest of justice.
Holly Cairns (Cork South-West, Social Democrats)
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People still want a ban.
Micheál Martin (Cork South-Central, Fianna Fail)
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It is a significant change and there are other elements of that legislation also that represent significant change from the status quo. At least that should be acknowledged. There are constitutional constraints.
Charles Ward (Donegal, 100% Redress Party)
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I want to address the decision announced last week to exclude St. Eunan's College, Letterkenny, from the latest school capital funding allocation. We need to be clear about this. This school was doing everything it could do, getting everything ready and engaging with the Department. Planning permission has been in place since 2022 and an agreed pathway for progression has been made. I visited the college last week. It is overcrowded and temporary buildings are now becoming permanent. The children in the community have the right to dignity and safety at home and at school but they have been failed twice now. Going from unsafe homes to unsafe learning environments is not ideal. Only one Donegal project was approved for funding, which is welcome, but other counties received multiples. I ask that the Taoiseach look at this decision and revisit it as a matter of urgency so we can work with St. Eunan's. Will the Government commit to immediately engaging with St. Eunan's College to fix this injustice? It needs all the help it can get.
3:40 pm
Micheál Martin (Cork South-Central, Fianna Fail)
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I will talk to the Minister for education with respect to the college the Deputy has raised. There is a broader issue. We have dramatically increased spending for second level and primary schools in terms of investment. The national development plan represents a further expansion and increase in projects. We will continue to keep all of this under review and do everything we can to progress as many schools as possible that need extensions or completely new builds in some cases.
Paul Lawless (Mayo, Aontú)
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Mayo University Hospital is under immense difficulty at the moment, particularly the emergency department. A couple of weeks ago electives were cancelled in the hospital. Research I have done found that a safe staffing framework for which an audit was carried out in 2021 was only recently sanctioned, and those posts still have to be filled. Mayo has a unique patient cohort, and I ask the Taoiseach to come to Mayo to visit the hospital. We have a significant issue with step-down facilities and home care packages that are having a knock-on effect on the hospital. Will the Taoiseach come to Mayo to visit the hospital and the step-down facilities we have in Mayo?
Micheál Martin (Cork South-Central, Fianna Fail)
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The Minister for Health is seized of the situation across the country, including Mayo. We have allocated significant additional resources to the Health Service Executive this year, compared with last year. Population is growing and there are lots of pressures on acute hospitals. I will talk to the Minister in the first instance with respect to the issues the Deputy has raised. Obviously, during the Christmas and flu period certain electives were postponed. We know that. That is normal. It happens when there is a particularly bad flu season as there was in November, December and January. The Minister is working with the hospital's management and clinicians to make sure we continue to reform as we allocate additional spending.
Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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I am sure the Taoiseach will join me in thanking and praising the work of the local authorities and many voluntary groups in the response to Storm Chandra last week. When he came to Aughrim on bank holiday Monday he met with Aughrim Tidy Towns, which has done incredible work in the community providing support to the victims of the floods. The big issue we are now dealing with, which is a particular problem for north Wexford and south Wicklow, apart from the impact on homes and businesses, is the state of the roads. Many roads, which were in poor condition, are now impassable as a result of the heavy rainfall. Will the Taoiseach commit to talking to the Minister for Transport about additional funding, particularly for Wicklow and Wexford County Councils to address the problems of the roads, as a result of the storm?
Micheál Martin (Cork South-Central, Fianna Fail)
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I met with the Deputy, the local authorities and the tidy towns group in Aughrim. I pay tribute to them and the local authority for the exceptional response. It again underlined the importance of community-based facilities and community centres. These are two communities under enormous pressure from weather events. In this case it was not a particular river breaking its bank, rather it was all of the water coming off the mountains and hills taking roads with it. It caused danger and huge trauma and distress to a number of households and the village. I saw it first hand and spoke to the engineers about the need for funding for roads in the Aughrim. I spoke to the Minister, Deputy O'Brien, about it yesterday and alerted him to the fact. I also spoke to the officials in that Department and with the Minister of State, Deputy Canney, about the need. They are doing an assessment with the local authorities now.
Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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It is more than just Aughrim.
Micheál Martin (Cork South-Central, Fianna Fail)
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It is across the country. It is Wicklow and Wexford as well. It is a consequence of what is happening.
Catherine Callaghan (Carlow-Kilkenny, Fine Gael)
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I express my sympathies to the family and friends of Grace Lynch. I welcome the news today that new legislation to implement a total ban on scrambler use in public spaces will be called Grace's law in her memory. In my constituency of Carlow-Kilkenny over the past year and a half or two years, we have seen an increasing number of scrambler bikes in and on the forest trails around the foothills of Mount Leinster. I know loads of people who have had frightening experiences with scramblers while out walking these trails with young children and dogs. My concern is that the welcome new law and necessary strengthening of enforcement powers for An Garda Síochána will have the unintended consequence of making Coillte's 3,000 km of marked walking trails more appealing to scrambler users and therefore more dangerous for the thousands of walkers who utilise these trails regularly. How does the Government propose to tackle off-road scrambler use on Coillte's land?
Micheál Martin (Cork South-Central, Fianna Fail)
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It will be banned in public parks, on public lands and on public roads. Coillte has a responsibility to ensure its trails, walkways and so on are not used by illegal scramblers using scrambler bikes. There will have to be a zero-tolerance approach to the use of scramblers where the public are engaged. They should be used in proper sporting facilities where they were originally meant to be used. Where I was reared we had a scrambler track nearby in Vernonmount. We never had any problems with them being used on our roads or around our neighbourhood. It was always understood that they were there for a sporting purpose. I accept that has changed and the world has changed. Appalling behaviour is evident on our roads and in public parks. We have to make sure that all public authorities and the gardaí make sure it does not happen.
Cathy Bennett (Cavan-Monaghan, Sinn Fein)
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Entire shifts of ambulances are operating in Monaghan without an advanced paramedic car. There are delays in handover and staff suffering from burnout. In 2023 and 2024 my party and constituency colleague, Matt Carthy, raised the cases of young boys seriously injured at football matches left waiting upwards of three hours for ambulances. In the latter case, the Taoiseach clapped himself on the back before acknowledging that the wait was too long. People know he does not have a magic wand but neither can he magic it away because he has had a hand in Government for the past decade. There is no magic wand but there are no excuses either. What year will he stop failing the people of Monaghan with regard to ambulance services and reinstate the 24-7 advanced paramedic car?
Micheál Martin (Cork South-Central, Fianna Fail)
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We are rolling out advanced paramedic cars across the country. I was involved in establishing the pre-ambulance-----
Cathy Bennett (Cavan-Monaghan, Sinn Fein)
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Is there one in Monaghan?
Micheál Martin (Cork South-Central, Fianna Fail)
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I was responsible for establishing the pre-ambulance emergency council, which ushered in the new era of professional first responders that transformed the whole ambulance situation. There is a broader issue with how ambulances are deployed. The council and the national authorities responsible have a clear view as to what is the best and optimal deployment. Not everybody in this House agrees with that. We need to try to work through how it works with the ambulance authorities and the HSE and ongoing development in respect of it.
Cathy Bennett (Cavan-Monaghan, Sinn Fein)
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He never answered my question as to whether there will be one for Monaghan.
James Geoghegan (Dublin Bay South, Fine Gael)
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The Taoiseach will be aware that during the Davos summit remarks were noted by the co-chair of the World Economic Forum that Dublin could be a potential future location for a World Economic Forum event. I raised this as a Topical Issue and the Minister of State, Deputy Dillon, gave the reply of behalf of the Government and made clear that if the World Economic Forum contacted the Government that some kind of event could perhaps be hosted in the context of the EU Presidency. There was reporting in The Irish Times that contact had been already made with the Government and there is the prospect of an event taking place in Dublin. Has the Taoiseach or anyone in his Department had contact with the World Economic Forum? Is there a prospect that Dublin could host a World Economic Forum event perhaps during the EU Presidency?
Micheál Martin (Cork South-Central, Fianna Fail)
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I have not had any specific contact although I am aware of the comments by Mr. Larry Fink that Dublin could be one of a number of potential locations for Davos, or an alternative to Davos. I notice some of the officials connected to the event were less strong about it. Be that as it may, this year is a huge event for the country with the European Presidency. The European Political Community of leaders will be meeting towards the end of the year. We will have a significant series of large meetings with Heads of State, Prime Ministers and so on. We will keep an eye on that and engage to see if an event pertaining to the World Economic Forum could be held in Ireland.
Cathal Crowe (Clare, Fianna Fail)
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I join others in sympathising with the family of Grace Lynch. It is an unbelievable tragedy.
It is right that the Taoiseach has moved quickly to close out some of the legislation. Well done. I will be glad to read about what that will entail today. Those same legal principles need to be extended to urban ponies and horses. We must be one of the only countries in the world that has strict laws when it comes to horse control but implementation and enforcement are not that high. A lot of children have been injured in the past year by being kicked by horses on green areas. For those who wish to own a horse, they should own or lease land or pay for a livery. The idea of having horses tethered to metal poles outside shops and, in some cases, living inside houses is absolutely absurd. We need to get a lot tougher on this. The same principles are probably interchangeable in this regard. If people want to own a horse, they must be responsible. No one has a God-given right to own an animal, tie it up wherever they want and let it do whatever damage it wants. We need to get equally tough with urban ponies and horses as we are now getting with scramblers.
3:50 pm
Micheál Martin (Cork South-Central, Fianna Fail)
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The Deputy makes a good point. There has been a lot of different strategies used to get horses off roads. There is an animal welfare issue very much involved here, in addition to the danger and health and safety issues for children, young people and humans more generally. There are laws governing this but they require review and a stronger approach.
Natasha Newsome Drennan (Carlow-Kilkenny, Sinn Fein)
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Last week, the much anticipated first tranche of the national development plan’s funding for school building projects was announced. To the devastation of their communities, both Coláiste Pobail Osraí and Kilkenny City Vocational School discovered they had been dropped from the priority list for building projects. Coláiste Pobail Osraí is the only Irish-medium secondary school in Kilkenny and Kilkenny City Vocational School is the only DEIS school in the city. The demand and need for both of these schools are immense. Will the Taoiseach provide some insight as to why these vital schools were removed from the priority list and received no notice? How long will they now have to wait for this essential funding?
Micheál Martin (Cork South-Central, Fianna Fail)
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These school have not been removed from a priority list. Indeed, the Deputy's colleagues, Deputies John McGuinness and Peter 'Chap' Cleere, have raised these two schools with me. I will engage with the Minister. We are expending more money than ever on school buildings and we want to continue to prioritise school buildings. I fully understand the pressure that both these schools are under and the need for additional accommodation at these particular schools. I will continue to work on their behalf to get them over the line.
Brian Stanley (Laois, Independent)
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Laois is one of nine counties that still does not have a domestic abuse refuge. Over the past 15 years I have been highlighting the fact that victims and their families are sent miles to other counties to a refuge away from services, such as their local GP, schools and family support. They are already traumatised by the abuse and this can further traumatise them. Unfortunately, there is an upsurge in domestic abuse, including violence, sexual abuse and emotional abuse. It can be carried out by men and women but mainly by men.
A site was purchased on the Mountrath Road in Portlaoise by Laois County Council over two years ago to provide eight apartment units and a service centre. The Department halted it and it has reached a deadlock because the approved housing body that was to partner with Laois Domestic Abuse Service was deemed not to meet the criteria by the Department. That is fair enough but I ask the Taoiseach to assess Sophia Housing. It is either able to meet the criteria or not. If it cannot, will another partner, in the form of another approved housing body or Laois County Council, be sought to get the facility in place?
Micheál Martin (Cork South-Central, Fianna Fail)
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I will alert the Minister, Deputy O'Callaghan, to this issue because it is a specific one in terms of the approved housing bodies, Sophia Housing and the Department. It is frustrating when a site has been identified and there is the prospect of getting it off. There is a need for a refuge centre in Laois, and I acknowledge that. I will talk to the Minister. Perhaps I will ask him to contact the Deputy.
Liam Quaide (Cork East, Social Democrats)
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I met today with a group of healthcare workers who have been living with long Covid since the early stages of the pandemic. They are utterly distraught with how they have been treated by the Government after having their special Covid leave with pay cut on New Year's Eve. The Department of Social Protection will not recognise long Covid as an occupational injury for these workers because it says that it is not possible to establish with confidence that the disease has been contracted through a person's occupation and not through community transmission. Yet, these healthcare staff were receiving special Covid leave with pay for five to six years on the basis that they contracted the virus at work. Also, the State rightly paid €1.7 million in compensation to families of healthcare workers who died after contracting Covid in the workplace.
The Taoiseach told my colleague, Deputy Rice, in December that, "At some stage, some resolution of this has to happen on a sustainable basis." Yet, all he has done after meeting a group of these workers in June last year is pass on the same detached bureaucratic responses from the Minister, Deputy Carroll MacNeill. Will the Taoiseach intervene on behalf of these workers? Why is this cohort of healthcare workers with long Covid not having the reality of workplace transmission of their condition recognised?
Micheál Martin (Cork South-Central, Fianna Fail)
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I did more than that. When I met people in June, I advocated and intervened to get it extended to December.
Liam Quaide (Cork East, Social Democrats)
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That was already decided.
Verona Murphy (Wexford, Independent)
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This is not a back and forth, Deputy.
Micheál Martin (Cork South-Central, Fianna Fail)
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As the Deputy knows, it had not actually been decided.
Micheál Martin (Cork South-Central, Fianna Fail)
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No, it had not. I understand it is a genuine case but I do not-----
Liam Quaide (Cork East, Social Democrats)
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Their condition is-----
Verona Murphy (Wexford, Independent)
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This is not a back-and-forth exchange.
Micheál Martin (Cork South-Central, Fianna Fail)
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The Deputy always has an attitude of trying to put a sting and have a go at people all the time. The more important point is that the Labour Court recommended a final extension in June and we extended it to December. Like others, I met people, survivors and those with long Covid. This does not mean supports end. Rather, staff who remain unfit to return to work will move into the public service sick leave scheme, ensuring continuity of care and financial protection. That scheme provides for payment of 92 calendar days on full pay in a rolling one-year period, followed by 91 calendar days on half pay subject to an overall maximum of 183 calendar days of paid sick leave on a rolling four-year period.
Marie Sherlock (Dublin Central, Labour)
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I raise concerns about the accountability and oversight of the school building programme, specifically with regard to one project management company contracted by the Department of education. KSNPM has been paid over €27 million by the State over the past six years. I am dealing with three schools that KSNPM is supposed to be looking after. In one school, it left behind a botched, half-done job. In another school, it left without ensuring the works were complete. In the third school, it left a school building site half done and empty since last June. Some examples include: unsafe exposure of electrical systems, water ingress from leaking roofs onto a brand new bathroom and broken asbestos tiles and classroom floors that children are walking around every day. In one instance, it argued for weeks with a school principal who was seeking to ensure there would be running water from a tap in a toilet for a new AS classroom. The attitude from KSNPM towards these schools has been despicable and the response from the Department has been disgracefully slow. What will the Taoiseach do to ensure accountability for the school management building programme in the Department?
Micheál Martin (Cork South-Central, Fianna Fail)
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Frankly, the Department has responsibility to ensure the fulfilment-----
Marie Sherlock (Dublin Central, Labour)
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I have raised this with the Department.
Micheál Martin (Cork South-Central, Fianna Fail)
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-----of its contracts. I cannot get involved in every single contract in the country, nor would the Deputy expect me to, but I will talk to the Minister for education, Deputy Naughton, in this regard. If there is contractual non-fulfilment - what the Deputy is saying clearly points in that direction – then the Department should rigorously pursue the company. It should also ensure the basics in the schools are put right pending any engagement with the company, be it legal or whatever, to ensure the contract is fulfilled and that children are protected and looked after in those schools with the provision of basic infrastructure, facilities and so forth.
Peadar Tóibín (Meath West, Aontú)
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The death of Grace Lynch as a result of a scrambler was a shocking loss of life. It was shocking to her family, friends and community. We welcome the legislation that was brought before Cabinet today. However, there is an issue in relation to enforcement. Incredibly, gardaí are currently not trained to pursue a person on a scrambler or electric scooter. At the moment, there is no legal protection for them if they pursue. They could be stood down from their job or subject to a civil court case or Fiosrú investigation. Will the gardaí be given the training to be able to pursue individuals on scramblers? I see in the press statements today that there is an ability to pursue but this is not agreed with the gardaí. I have spoken to gardaí today and there is no agreement in that regard. How is it that one of the most inherently dangerous things a garda can do, that is, pursue in the case of someone fleeing in a vehicle, was too dangerous without training before but it is not too dangerous now?
Micheál Martin (Cork South-Central, Fianna Fail)
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In my city, I recall when joyriding, as it was termed, was all the rage in the 1980s and different strategies had to be pursued. There was always a challenge with pursuit because it involves pursuing young people driving very-----
4:00 pm
Verona Murphy (Wexford, Independent)
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It is not a back and forth, Deputy.
Micheál Martin (Cork South-Central, Fianna Fail)
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-----speedily on vehicles. Very often, some pursuits could result in unintended consequences and some other innocent person being injured or killed because vehicles are out of control, particularly vehicles that are being chased or pursued. There is always a balance here.
Verona Murphy (Wexford, Independent)
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Please, Deputy. You are out of time.
Micheál Martin (Cork South-Central, Fianna Fail)
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Other mechanisms then were deployed in those communities, which did not involve pursuit but traffic calming and other measures that rendered those bikes and so on unusable. That worked over time. There were also a lot of other measures, including community policing and getting that-----
Micheál Martin (Cork South-Central, Fianna Fail)
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----into the communities.
Verona Murphy (Wexford, Independent)
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Thank you, Taoiseach. Time is up.
Micheál Martin (Cork South-Central, Fianna Fail)
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There is a wide range of training.
Verona Murphy (Wexford, Independent)
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The Taoiseach and the Deputy can talk further. I ask the Deputy to respect the Chair.
Micheál Martin (Cork South-Central, Fianna Fail)
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If the Deputy knows the answer, why did he ask the question? I will ask the Minister for justice to talk to the Deputy about this issue.